IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALLSTATE INDEMNITY COMPANY : CIVIL ACTION

 :

v. :

 :

EDWARD BATZIG and :

JEANETTE BATZIG, h/w, et al. : No. 05–cv-04540-JF

ALLSTATE INDEMNITY COMPANY : CIVIL ACTION

 :

v. :

 :

DOMINIC COIA, SR., et al. : No. 05–cv-05395-JF

MEMORANDUM AND ORDER

Fullam, Sr. J. November 21, 2006

In both of the captioned actions, Allstate Insurance

Company seeks a declaratory judgment to the effect that it has no

obligation to defend or indemnify the defendants, who are being

sued in state court by the parents of a murder victim who was

slain by the defendants’ children. Plaintiff has filed motions

for summary judgment in both cases. These motions will be

granted.

The facts are not in dispute. The homeowners insurance

policies issued by plaintiff to each set of defendants contained

language excluding from coverage “any bodily injury or property

damage intended by, or which may reasonably be expected to result

from, the intentional or criminal acts or omissions of any

insured person.” It is undisputed that the teenagers responsible

Case 2:05-cv-04540-JF Document 18 Filed 11/21/06 Page 1 of 4
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for the murder in question were “insured persons” under the

policies, since the term “insured” is defined as including any

relative or dependent person who is a resident of the household. 

Thus, plaintiff is not required to provide defense or indemnity. 

Defendants’ reliance upon the decision in Donegal Mutual Ins. Co.

v. Baumhammers, 32 Pa. Super. 893 (2006), petition for allowance

of appeal granted, 2006 Pa. LEXIS 1649 (Pa. August 29, 2006), is

misplaced. The insurance policy involved in that case excluded

only injury “expected or intended by the insured,” and the

alleged wrongdoer did not fit within that definition. 

Case 2:05-cv-04540-JF Document 18 Filed 11/21/06 Page 2 of 4
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALLSTATE INDEMNITY COMPANY : CIVIL ACTION

 :

v. :

 :

EDWARD BATZIG and :

JEANETTE BATZIG, h/w, et al. : No. 05–cv-04540-JF

ORDER

AND NOW, this 21 day of November 2006, upon st

consideration of plaintiff’s motion for summary judgment, and

defendants’ response, for the reasons set forth in the

accompanying memorandum, IT IS ORDERED:

1. Plaintiff’s motion for summary judgment is

GRANTED.

2. JUDGMENT is ENTERED in favor of the plaintiff,

declaring that plaintiff has no obligation to defend or indemnify

the defendants in the pending state-court litigation arising from

the death of Jason Sweeney.

BY THE COURT:

/s/ John P. Fullam 

John P. Fullam, Sr. J.

Case 2:05-cv-04540-JF Document 18 Filed 11/21/06 Page 3 of 4
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALLSTATE INDEMNITY COMPANY : CIVIL ACTION

 :

v. :

 :

DOMINIC COIA, SR., et al. : No. 05–cv-05395-JF

ORDER

AND NOW, this 21 day of November 2006, upon st

consideration of plaintiff’s motion for summary judgment, and

defendants’ response, for the reasons set forth in the

accompanying memorandum, IT IS ORDERED:

1. Plaintiff’s motion for summary judgment is

GRANTED.

2. JUDGMENT is ENTERED in favor of the plaintiff,

declaring that plaintiff has no obligation to defend or indemnify

the defendants in the pending state-court litigation arising from

the death of Jason Sweeney.

BY THE COURT:

/s/ John P. Fullam 

John P. Fullam, Sr. J.

Case 2:05-cv-04540-JF Document 18 Filed 11/21/06 Page 4 of 4